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CONSTITUTION PUB. CO. v. DALE

No. 11909.

164 F.2d 210 (1947)

CONSTITUTION PUB. CO. et al. v. DALE.

Circuit Court of Appeals, Fifth Circuit

November 7, 1947.

Attorney(s) appearing for the Case

Charles W. Greer and Geo. W. Yancey, both of Birmingham, Ala., for appellants.

D. G. Ewing and Earl McBee, both of Birmingham, Ala., for appellee.

Before McCORD, WALLER, and LEE, Circuit judges.

LEE, Circuit Judge.

Plaintiff in the court below, appellee here, as administrator of the estate of Neoma Dale, deceased, brought an action in the Circuit Court of Alabama, under the Alabama homicide statute, Code 1940, Tit. 7, § 123, against defendants, Constitution Publishing Company, Theatre Service Company, and one Wootsie Conger, jointly, for the wrongful death of plaintiff's intestate. On petition of the defendants...

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